MEMBERS PRESENT:       Reg Gignoux (Chairman); Peter Gibbs, Mark Sammut, Dick Elkins, Kay Kraushaar, Claude LaPierre, Jim Washburn.

STAFF PRESENT:                John Adams, Zoning Administrator.

OTHERS PRESENT:            Matt Daly, Mendy Mitiguy, Marge Sharp (Shelburne News).

·        Appeal, Excavation & Drainage Project, 76 Rivervale Road, Marks (A08-13)

·        Sketch Plan Review, Four Lot Subdivision, 335 Tamarack Shores, Spillane/Mitiguy (SUB94-8R1)

·        Amendment of Final Plan, Boundary line Adjustment, 44 Fieldstone Way & 144 Bourgea Lane, Waxler/Collins (SUB90-09R1)

·        Sketch Plan and Design Review, Mixed Use PUD, 5059 Shelburne Road & 82 Shelburnewood Drive, Shelburnewood, LLC (SUB08-03/DR08-13)

Chairman Reg Gignoux called the meeting to order at 7 p.m.

 

There were no comments from the public at this time.

 

The function of the Development Review Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.

 

 

Mendy Mitiguy appeared on behalf of the application. Reg Gignoux noted the DRB did a site visit.

 

APPLICANT COMMENTS

Mendy Mitiguy had no further comments.

 

STAFF REPORT

The DRB received a memorandum from staff, dated 11/19/08. Dick Elkins asked about the potential for a pedestrian easement along the railroad tracks. Ms. Mitiguy pointed out state land borders the tracks. John Adams suggested the Paths Committee review the project.

 

PUBLIC COMMENT

There were no comments from the public. The evidentiary portion of the hearing was closed.

 

DELIBERATON/DECISION

 

Matt Daly appeared on behalf of the application.

 

APPLICANT COMMENTS

Mr. Daly explained the boundary line adjustment by his client (Waxler) pursuant to a purchase agreement on a strip of land (153’x 35’) between the Waxler and Collin parcels. The adjustment will eliminate an alleged encroachment on the Collins property. The Collins have reviewed the agreement with their attorney and are satisfied with the map drafted by Mr. Robenstein. The Collins are not in attendance so it may be assumed there are no objections. The neighborhood permit for waste water will be amended following approval of the boundary adjustment. All associated documentation will be filed, assured Mr. Daly.

 

Peter Gibbs asked about the setback for the pool (structure). Matt Daly stated the setback is 35’. Mr. Gibbs asked if the adjustment will make the Collins lot nonconforming. Mr. Daly replied the lot will remain conforming.

 

STAFF REPORT

The DRB received a written staff report on the application, dated 12/3/08. John Adams noted the Collins signed the application as a co-applicant.

 

PUBLIC COMMENT

There were no comments from the public. The evidentiary portion of the hearing was closed.

 

DELIBERATION/DECISION

 

 

 

John Adams reported the case of the abandoned cottage on Bay Road was appealed to Environmental Court. The Selectboard came to agreement with the appellant. The cottage will be removed and the site cleaned up. A new cottage will be constructed on the same footprint. The property across the street will be made to look more habitable (i.e. boards removed from the windows). The replacement structure will not be reviewed by the DRB. The Selectboard approved the conditional use application.  Kay Kraushaar commented the DRB voted on the application and the action by the DRB was supported by what was in the town plan. It is disappointing the DRB decision was overruled by the Selectboard. Reg Gignoux agreed it is too bad the Selectboard feels they have to overrule the DRB to avoid going to court. John Adams explained an appeal was filed with the Environmental Court, but not heard because the town settled with the appellant. The Environmental Court did not make a ruling. There was a signed stipulation. Dick Elkins asked if the action by the Selectboard was done at an open (public) meeting. John Adams said he did not believe so. Mark Sammut observed an interesting precedent was set by the Selectboard. Reg Gignoux felt the action by the Selectboard is an undermining of boards serving the town. The action could be perceived as a “slap in the face”. Peter Gibbs observed the Selectboard must decide if there is the ability to win a case in court. Perhaps it was apparent the town would not win the case. Mark Sammut asked if the Town Attorney advised the action by the Selectboard. John Adams said he was not involved and does not know what the attorney advised. Reg Gignoux stated his concern about the matter is the structure (cottage) is noncomplying and in the Lakeshore Overlay District. Dick Elkins stated his concern is the DRB was not able to do what the Selectboard did and a plan was not submitted for the structure. The project should be reviewed by the DRB so it is on record. John Adams noted the court stipulation has some conditions. Mr. Adams will forward a copy of the court stipulation to the DRB.

 

 

The meeting was adjourned at 7:29 p.m.